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Appeals court partially reinstates colonoscopy malpractice claim

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A northern Indiana court inappropriately granted summary judgment in favor of a doctor and medical practice defending a suit brought by a patient who claimed negligence after a colonoscopy, a divided panel of the Indiana Court of Appeals ruled.

Katherine Chaffins claimed severe pain after a procedure and that she was improperly released from the hospital, after which her pain continued until she returned and was diagnosed with a perforated colon that required surgery.

The appeals panel majority wrote in Katherine Chaffins and Roger Chaffins Sr. v. Clint Kauffman, M.D.; Family and Women's Health Services; and Pulaski County Memorial Hospital, 66A04-1302-CT-85, that the Chaffinses conceded there was no evidence to support the opinion that the doctor misperformed the procedure resulting in the perforation, but there were issues making summary judgment inappropriate.   

The majority partially reinstated a malpractice claim, finding the plaintiffs presented “sufficient evidence to negate the opinion of the medical review panel, thereby establishing a genuine issue of material fact.” The majority granted a limited reversal of Pulaski Superior Judge Patrick Blankenship’s grant of summary judgment. Blankenship relied on the medical review panel’s finding that the defendants did not fail to meet the applicable standard of care.

“What remains is the Chaffinses’ claim that the Defendants’ alleged negligence caused Katherine to suffer twelve hours of prolonged pain. At oral argument, the Defendants conceded that prolonged pain was contemplated by the ‘physical injuries’ allegation in the Chaffinses’ complaint. Accordingly, we conclude that (defendants) failed to make a prima facie showing that there is no genuine issue of material fact as to causation. Summary judgment in favor of Dr. Kauffman and the Hospital was inappropriate,” Judge Cale Bradford wrote in the majority opinion joined by Judge Patricia Riley.

Judge Elaine Brown dissented, saying she would affirm summary judgment, noting the doctor relied on his nurse to inform him of Chaffins’ pain after the colonoscopy, which even the defendants’ expert before the review board acknowledged wasn’t inappropriate. Chaffins also was advised to return to the hospital if pain persisted.

“There is no designated evidence to show that the (dismissal) instructions deviated from the standard of care appropriate to Dr. Kauffman and Family and Women’s Health Services,” Brown wrote.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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